Divorce

Divorce Lawyers in Newcastle NSW

We are experienced family lawyers who can assist you in the process of obtaining a divorce. It is our mission to guide you through the divorce process with empathy, efficiency and compassion. We can also assist with care arrangements for the children and a division of property to be completed with your divorce.

Frequently Asked Questions about Divorce

Divorce is the process of legally ending a marriage. But separation does not require a legal process.

There are significant differences between a divorce and separation. This can influence your finances, estate planning, parenting arrangements and other areas.

It’s important that you get professional advice so you can make the right decisions. Please contact us here for a chat.

You need to be separated for at least one year before getting a divorce.

Most separated couples choose to live apart. But it’s possible to be separated while living together. This can make it more difficult to prove separation dates. In this case, we recommend speaking with an experienced divorce lawyer.

You must satisfy the following requirements if you want a divorce in Australia:

  • You must be legally married
  • There is no hope of reconciliation
  • You must have been separated for 12 months or more

 

But it’s not always this simple.

We can help you satisfy the requirements and assist with the application.

Other issues could include making arrangements for your children, dividing your assets and getting a financial agreement with your former spouse.

It usually takes around four months from the time we file your application to the final order. 

But other issues can prolong a divorce process. Including property division and parenting issues.

We suggest you contact us for a more accurate time estimate.

The court’s fee for filing a divorce application is $940.

This fee is subject to change. It’s best to check this government website.

Please contact us so we can learn more about your circumstances. Then we can provide a costing estimate.

Yes, you can be separated while living together.

It’s important to show evidence of how your life has changed.

For example:

Who takes care of domestic duties?

Who looks after the children?

Do you sleep in different bedrooms?

 

Essentially, you need to demonstrate a difference between married life and separation.

Your ex-spouse can argue about when you separated. But they cannot argue that the divorce shouldn’t be allowed because they wish to remain married.

This is because the sole ground for divorce in Australia is the ‘irretrievable breakdown’ of the marriage.

This is proven by separating for a continuous period of not less than 12 months.

No. In Australia, a divorce does not mean that assets are split 50/50. In fact, this is often not the case.

The Family Law Act 1975 requires the parties to consider many factors. Including:

  1. Each of the parties’ financial and non-financial contributions to the relationship.
  2. The length of the relationship.
  3. The future needs of the parties.
  4. The construction of the matrimonial asset pool.
  5. What is ‘just and equitable’.

 

Please contact us to speak with an experienced Family Lawyer. We can help you through this process.